Definition Of Grievous Bodily Harm Qld

Or b serious disfigurement.

Definition of grievous bodily harm qld. Grievous bodily harm is a very serious form of assault where the person attacked receives. Any person who unlawfully does grievous bodily harm to another is guilty of a crime. Grievous bodily harm does have a further mandatory aspect about it and that relates to when an offence is declared a serious violent offence. Section 320 of the criminal code qld makes it a crime to do grievous bodily harm to another.

The charge of assault occasioning bodily harm in qld asserts that one person has unlawfully assaulted another and caused an injury but that that injury does not amount to grievous bodily harm nor constitute a serious assault. Gbh charges are indictable offences and therefore must be heard in the district court of queensland. Section 320 of the criminal code queensland states. A loss of a distinct part of an organ.

If you commit grievous bodily harm you can be sentenced to up to 14 years in prison. The maximum penalty for assault occasioning bodily harm in qld is seven years imprisonment although other penalties. Benchbook grievous bodily harm no 140 1 march 2019 amendments grievous bodily harm s 320 legislation criminal code s 320. Or c any bodily injury of such a nature that if left untreated would endanger or be likely to.

A the loss of a distinct part or an organ of the body. In order for the police to prove their case at court they must prove each of the following matters beyond a reasonable doubt. 2 subs 2 rep act 62 of 2016 s 112 effective 9 december 2016. What the police must prove.

In queensland it is an offence to assault another person and cause grievous bodily harm. Grievous bodily harm 1 any person who unlawfully does grievous bodily harm to another is guilty of a crime and is liable to imprisonment for 14 years. Grievous bodily harm often abbreviated to gbh is a term used in english criminal law to describe the severest forms of battery it refers to two offences that are respectively created by sections 18 and 20 of the offences against the person act 1861 the distinction between these two sections is the requirement of specific intent for section 18. What the law says about grievous bodily harm.

In queensland there isn t a broad system of mandatory minimum penalties. Grievous bodily harm describes any injuries that result in. Grievous bodily harm is a very serious example of an assault and although the actions of the defendant may not be viewed as being that substantial the injuries sustained by the victim give rise to the serious penalties imposed on people charged with this offence. Any injury that if left untreated would endanger the person s life or cause a permanent injury or ill health.

Typically judges are given considerable discretion in setting the appropriate penalty.